Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54364 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== MUKESH MAHTO SON OF BASU MAHTO R/O VILLAGE- SANKAR SARAIYA, TOLA KASBA, P.S.- TURKAULIYA, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 341, 323, 327, 308, 379 IPC. Allegedly, petitioner is said to have assaulted the informant by means of butt of pistol on his head. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.54364 of 2021(2) dt.26-09-2022 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is general and omnibus in nature. It is submitted that the sides are agnates and there is a land dispute between them. It is further submitted that brother of the informant was treated by the Doctor and during course of investigation, witnesses have stated that this is a case of simple assault. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.418 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.